[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR16.76]

[Page 302-303]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of Contents
 
      Subpart E_Exemption of Records Systems Under the Privacy Act
 
Sec.  16.76  Exemption of Justice Management Division.

    (a) The following system of records is exempt from 5 U.S.C. 552a(d):
    (1) Controlled Substances Act Nonpublic Records (JUSTICE/JMD-002).


This exemption applies only to the extent that information in this 
system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).
    (b) Exemption from subsection (d) is justified for the following 
reasons:
    (1) Access to and use of the nonpublic records maintained in this 
system are restricted by law. Section 3607(b) of Title 18 U.S.C. 
(enacted as part of the Sentencing Reform Act of 1984, Pub. L. 98-473, 
Chapter II) provides that the sole purpose of these records shall be for 
use by the courts in determining whether a person found guilty of 
violating section 404 of the Controlled Substances Act qualifies:
    (i) For the disposition available under 18 U.S.C. 3607(a) to persons 
with no prior conviction under a Federal or State law relating to 
controlled substances, or
    (ii) For an order, under 18 U.S.C. 3607(c), expunging all official 
records (except the nonpublic records to be retained by the Department 
of Justice) of the arrest and any subsequent criminal proceedings 
relating to the offense.

[[Page 303]]

    (2) Information in this system consists of arrest records, including 
those of co-defendants. The records include reports of informants and 
investigations. Therefore, access could disclose investigative 
techniques, reveal the identity of confidential sources, and invade the 
privacy of third parties.

[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 
688-77, 42 FR 9999, Feb. 18, 1977; Order No. 899-80, 45 FR 43703, June 
30, 1980; Order No. 6-86, 51 FR 15476, Apr. 24, 1986; Order No. 246-
2001, 66 FR 54663, Oct. 30, 2001; Order No. 297-2002, 67 FR 70163, Nov. 
21, 2002]